Being fired from a job is devastating and disappointing, especially if you believe you were fired unjustly. If you recently lost your job and you believe this act was unjust, you may be able to sue for wrongful termination. In Pennsylvania, workers are protected by state and federal law from wrongful termination.
This guide provides information on how you can sue for wrongful termination and how you can prove your case. With a reputable employment lawyer on your side, you can fight for your case and work to recover the compensation you deserve.
Grounds for a Wrongful Termination Case
Since Pennsylvania is an at-will state, employees who are not in a union or who do not have a specific contract of employment can be fired or demoted without cause at any time. However, there are exceptions to this rule. The following are some of the reasons for which you cannot be fired from your job in PA:
- Age, for those age 40 and over
- Gender
- Religion
- Disability
- Race or color
- National origin
- Retaliation for making complaints of illegal discrimination
You cannot be fired in retaliation for making a workers’ compensation claim, complaining about unlawful discrimination, supporting another employee’s harassment or discrimination complaint or refusing to abet a crime or commit a crime. Other exceptions to the employment-at-will doctrine exist as well, so if you are unsure if you were wrongfully terminated, you can always check with an attorney.
If you believe you have been fired for any of these unethical or illegal reasons, you may have grounds for a wrongful termination case.
How to Sue for Wrongful Termination in PA
After being fired, you may be wondering how you can prove your wrongful termination case. While proving your claim may not be easy, it is possible, especially with the right employment lawyer on your side. To help prove your wrongful termination case, follow the steps below:
1. Collect Your Employment Documentation
Your first step is proving your employment. Collect the following employment documents to prove your claim:
- Memos
- Paystubs
- Personnel file
- Job evaluations
- Workplace policies
- Employee handbook
- Employment contract or agreement
- Termination notice if it was in writing, or a memo if it was oral
Oral contracts are recognized by the law, and a written memo may help prove the conversation took place.
2. Record Details of Your Termination
Immediately after you are fired from your job, write down the details of your termination and think about everything that occurred leading up to the termination. Write down things like:
- Who was involved: Information about who was directly or indirectly involved in your termination, such as your boss, HR professionals and co-workers. Include each person’s name and role in the termination process.
- Job performance evaluations: Your job performance evaluations and the dates these evaluations took place. If you are fired despite receiving positive feedback in your evaluations, this may be a sign you were wrongfully terminated.
- Timeline of events: An exact timeline of the events that led up to your termination. Often, signs of wrongful termination are present prior to the day you are actually fired.
- Details of the moment you were terminated: Detail the act of your termination, including who was present, what was said during the conversation and what, if any, reasons were given.
Write down as much as you can remember, as every detail could be important later.
3. Determine Whether Any Laws Were Broken
If you can prove a law was broken, this can significantly strengthen your case. The laws regarding adverse employer action were created to prevent wrongful discrimination in the workplace. If you were fired for any of the following reasons, you may have a strong case:
- Gender discrimination: If you believe you have been treated differently because of your gender, this may be a case of gender discrimination. Common complaints include wrongful termination, being passed over for a promotion or a boss favoring men over women.
- Age discrimination: Employees over age 40 are protected against age discrimination in the workplace. If you believe a younger employee was treated better than you or your employer acted adversely toward you, this can provide evidence of age discrimination.
- Pregnancy discrimination: If you were pregnant at the time you were fired or demoted, or you were not given reasonable accommodation, you may have a potential lawsuit.
- Disability discrimination: If you have a physical or mental disability, the law prohibits discrimination against you in the workplace because of your disability. You may have been discriminated against in your job if you were denied reasonable accommodations or you were fired because of your disability.
- Race or color discrimination: One of the leading claims submitted to the U.S. Equal Employment Opportunity Commission (EEOC) is racial discrimination. If your employer discriminated against you because of your race, you deserve justice.
If an employer gives you a seemingly legitimate reason for firing you, like poor performance or economic downturn, you will need to disprove this official reason. If you can show that similar employees remained employed, this can strengthen your case.
4. Speak With an Employment Attorney
Finding an experienced employment attorney to work with is a crucial step. An attorney can help determine whether you have a case and can offer the legal advice and guidance you need throughout the process. The legal system is complicated, and your employer will have attorneys to argue against your side of the case. If you want to win your case and negotiate a higher settlement, working with an attorney is essential.
5. Interview Your Co-Workers
If you can, speak with your former co-workers about your termination. Stick to gathering information that may be relevant to your case rather than soliciting sympathy or venting about your former employer.
If your employer gave a specific reason for firing you, ask your colleagues whether anyone else with similar circumstances was fired. If similar employees were treated differently than you, this could be a sign of discrimination. Speak with co-workers of different racial, gender or age groups to determine whether you can uncover a pattern of a certain group being treated differently.
6. File Your Claim
Ensure you file your claim as soon as possible after your termination, as there is a statute of limitations on filing claims. If you miss the deadline for filing your claim, your case may no longer be viable. Ask your lawyer about the deadlines associated with wrongful termination claims. They will ensure you file appropriately and in a timely manner.
Schedule a Free Consultation With Weisberg Cummings
If you are a Pennsylvania resident who has been wrongfully terminated from your job, the employment lawyers at Weisberg Cummings, P.C. can offer the legal assistance you need. Our legal services are thoughtful and personalized to ensure we meet your goals. We want you to have active involvement in your legal strategy and the process, so we will be sure to return your emails and phone calls promptly.
Along with wrongful termination, our attorneys have experience in a wide array of employment matters, such as age discrimination, racial discrimination and employer retaliation. If you believe you may have a wrongful termination case, contact us today for a free consultation.
